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Building Act 2004
83BMeaning of regulated swimming pool
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83B Meaning of regulated swimming pool
regulated swimming pool—
(a) means an excavation, structure or vessel that—
(i) can be filled with water to a depth of 300mm or more; and
(ii) is used, designed or manufactured mainly for human
aquatic activity; and
(b) includes the following:
(i) a demountable swimming pool;
(ii) a flotation tank or flotation tub not equipped to create
bubbles or turbulence into water;
(iii) a spa; but
(c) does not include the following:
(i) a bath in a bathroom;
(ii) a birthing pool used only for waterbirths;
(iii) an ornamental pond;
(iv) a water feature;
(v) a pool at a category 1 facility;
(vi) a pool at short-term accommodation premises;
(vii) an inflatable pool;
(viii) anything else prescribed by regulation.
category 1 facility—see the Public Pools Act 2015, section 7.
demountable swimming pool means a swimming pool—
(a) that can be assembled and disassembled by hand, or with hand
tools, without damaging the pool’s components; or
(b) that—
(i) can be inflated and deflated; and
(ii) has a filtration system.
inflatable pool means a pool that—
(a) can be inflated and deflated; but
(b) does not have a filtration system.
mobile home park—see the Residential Tenancies Act 1997,
short-term accommodation premises—
(a) means premises used to provide short-term accommodation to
members of the public as part of a commercial transaction; and
(b) includes the following kinds of accommodation:
(i) backpacker;
(ii) bed and breakfast;
(iii) hotel;
(iv) mobile home park;
(v) motel;
(vi) resort;
(vii) serviced apartment; but
(c) does not include premises that are also used, or able to be used,
for residential purposes.
Examples—par (c)
1 premises used as a residential home made available under a home
exchange scheme
2 premises able to be used for a residential home made available for
short-term rental accommodation
3 an apartment complex that contains a mix of residential apartments and
serviced apartments
spa—
(a) means an excavation, structure or vessel able to retain water for
human immersion and equipped to create water bubbles or water
turbulence into the water; and
(b) includes—
(i) a swim spa; and
(ii) a flotation tank or flotation tub equipped to create bubbles
or turbulence into water; but
(c) does not include a spa bath in a bathroom.